Curlin v. State

DAVIDSON, P.- J.

Appellant was convicted of aggravated assault; his punishment being assessed at a fine of $25.

The charging part of the affidavit alleges that—

“One Will Curlin did in and upon Henry M. Burns make an aggravated assault, the said Henry M. Burns being then and there an officer, to wit, justice of the peace for precinct No. 7 of Montague county, Texas, the officer being then and there in the lawful discharge of the duties of bis office, as said officer, which fact was then and there known to the said Will Curlin, against the peace and dignity of the state.”

As we view the record, it…